I already went to court last month, i was supposed to terminate Jan. 12th, they extended my community control 3 months.. I font have a job, i know that is no excuse but ive been looking with no luck. I also have no drivers license and no reliable transportation, i don't live in walking distance to any bus stops. I'm supposed to do 175 hours of community service in 2 months, i don't have a way to get there.
There is no such thing as a debtor's prison in the US or FL. That said, if you willfully and substantially fail to comply with the conditions of your probation - including making court ordered payments - then a violation can be filed and, if the court finds that you both willfully and substantially failed to comply then you can be incarcerated.
But in order to incarcerate you for failure to pay the court must first hold a hearing and afford you due process, including a right to present evidence that your failure to make your Court Ordered payments was not willful - that is to say that you could not (not that you chose not to) make the payments. "Willfulness" requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you also cannot be jailed for your non-willful failure to pay.
The Court has other alternatives to jailing you; namely it can choose to extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit). However, and again, if you truly could not pay then your violation should not be considered "willful", and without that necessary component you cannot be violated and incarcerated.
All of this said, if you know that you will not be able to make your payments then you will be best advised NOT to wait for your PO to violate you and instead you should consider causing the matter to be brought before Judge beforehand - thereby hopefully impressing your Judge by your preemptive demonstration of a respectable level of acceptance of responsibility.
If you truly cannot make your payments then gather accurate records of your finances (income and expenses) and don'to sweat it (unless, of course, you are willfully not paying). If you have a lawyer then you should discuss this with her / him and have a preemptive motion filed; if not then you should consider asking your PO if s/he will assist you to get the matter in front of the Judge now, as opposed to waiting for an imminent violation. Either way so long as you are not spending your money on superfluous things and you are truly strapped for cash then I am confident that the good Judges of the Auburndale area will show some compassion and understanding to your situation.
As to the CSHs, the Judge is free to convert all or some (or none) of your monetary obligations into CSH's, but s/he is under no obligation to do so. As mentioned above, this is 100% discretionary with the Court, but if it chooses to do so, in all or in part, then it should be at the rate of $10/CSH.
Again, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm.
Wishing you luck and hoping that I have been helpful in answering your question.
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